[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Notices]
[Pages 78034-78035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26456]


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GENERAL SERVICES ADMINISTRATION


Privacy Act of 1974; Proposed New Privacy Act System of Records

AGENCY: General Services Administration

ACTION: Notice of proposed new Privacy Act system of records

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SUMMARY: The General Services Administration (GSA) proposes to 
establish a new system of records titled ``Internal Evaluation Case 
Files,'' (GSA/ADM-25). The system of records, to be maintained by GSA's 
Office of Inspector General (OIG), is being established to create a 
record keeping system containing evaluations and investigations of OIG 
personnel. The records in the system currently are a part of another 
OIG system of records, Investigation Case Files (GSA/ADM-24). The OIG 
has determined that a separate system would enhance the OIG's ability 
to conduct internal investigations.

DATES: The system of records will become effective without further 
notice on January 28, 2005 unless comments received on or before that 
date result in a contrary determination.

ADDRESSES: Comments should be submitted to the Office of Counsel to the 
Inspector General (JC), Office of Inspector General, General Services 
Administration, 1800 F Street NW, Washington DC 20405.

FOR FURTHER INFORMATION CONTACT: GSA Privacy Act Officer, General 
Services Administration, Office of the Chief People Officer, 1800 F 
Street NW, Washington DC 20405; telephone (202) 501-1452.

    Dated: November 19, 2004
June V. Huber,
Director, Office of Information ManagementOffice of the Chief People 
Officer

GSA/ADM-25

    System name: Internal Evaluation Case Files.
    System location: This system is located in the GSA Office of 
Inspector General, 1800 F Street, NW, Washington, DC 20405. The 
database for this system is on a local area network in the GS Building 
and is operated by the System Development and Support Division of the 
Office of Inspector General.
    Categories of individuals covered by the system: Individuals 
covered by the system are employees and former employees of the GSA 
Office of Inspector General. The system also includes any person who 
was the source of a complaint or allegation; a witness who has 
information or evidence on any aspect of an investigation; and any 
possible or actual suspect in a civil, criminal, or administrative 
action.
    Categories of records in the system: Investigative files containing 
information such as name, date and place of birth, experience, and 
investigative material that is used as a basis for taking civil, 
criminal, and administrative actions.
    Authority for maintenance of the system: 5 U.S.C. App. 3., Section 
2 et seq.
    Purpose: The system serves as a basis for issuing subpoenas and 
taking civil, criminal, and administrative actions.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:

    Records are used by GSA officials and representatives of other 
Government agencies on a need-to-know basis in the performance of their 
official duties under the authorities set forth above and for the 
following routine uses.
    1. A record of any case in which there is an indication of a 
violation of law, whether civil, criminal, or regulatory in nature, may 
be disseminated to the appropriate Federal, State, local, or foreign 
agency charged with the responsibility for investigating or prosecuting 
such a violation or charged with enforcing or implementing the law.
    2. A record may be disclosed to a Federal, State, local, or foreign 
agency or to an individual organization in the course of investigating 
a potential or actual violation of any law, whether civil, criminal, or 
regulatory in nature, or during the course of a trial or hearing or the 
preparing for a trial or hearing for such a violation, if there is 
reason to believe that such agency, individual, or organization 
possesses information relating to the investigation, and disclosing the 
information is reasonably necessary to elicit such information or to 
obtain the cooperation of a witness or an informant.
    3. A record relating to a case or matter may be disclosed in an 
appropriate Federal, State, local, or foreign court or grand jury 
proceeding in accordance with established constitutional, substantive, 
or procedural law or practice, even when the agency is not a party to 
the litigation.
    4. A record relating to a case or matter may be disclosed to an 
actual or potential party or to his or her attorney for the purpose of 
negotiation or discussion on matters such as settlement of the case or 
matter, plea-bargaining, or informal discovery proceedings.
    5. A record relating to a case or matter that has been referred by 
an agency for investigation, prosecution, or enforcement or that 
involves a case or matter within the jurisdiction of any agency may be 
disclosed to the agency to notify it of the status of the case or 
matter or of any decision or determination that has been made or to 
make such other inquiries and reports as are necessary during the 
processing of the case or matter.
    6. A record relating to a case or matter may be disclosed to a 
foreign country pursuant to an international treaty or convention 
entered into and ratified by the United States, or to an Executive 
agreement.
    7. A record may be disclosed to a Federal, State, local, foreign, 
or international law enforcement agency to assist in crime prevention 
and detection or to provide leads for investigation.
    8. A record may be disclosed to a Federal, State, local, foreign, 
tribal or other public authority in response to its request in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuing of a license, grant, or other 
benefit by the requesting agency, to the extent that the information 
relates to the requesting agency's decision on the matter.
    9. A record may be disclosed to the public, news media, trade 
associations, or organized groups when the purpose is educational or 
informational, such as describing crime trends or distinctive or unique 
modus operandi, provided that the record does not identify a specific 
individual.
    10. A record may be disclosed to an appeal or grievance examiner, 
formal complaints examiner, equal opportunity

[[Page 78035]]

investigator, arbitrator, or other authorized official engaged in 
investigation or settlement of a grievance, complaint, or appeal filed 
by an employee. This includes matters and investigations involving the 
Merit Systems Protection Board or the Office of Special Counsel. A 
record also may be disclosed to the United States Office of Personnel 
Management (OPM) in accordance with the agency's responsibility for 
evaluating Federal personnel management.
    11. A record may be disclosed as a routine use to a Member of 
Congress or to a congressional staff member in response to an inquiry 
of the congressional office made at the request of the person who is 
the subject of the record.
    12. Information may be disclosed at any stage of the legislative 
coordination and clearance process to the Office of Management and 
Budget (OMB) for reviewing private relief legislation as set forth in 
OMB Circular No. A-19.
    13. A record may be disclosed:
    (a) to an expert, a consultant, or contractor of GSA engaged in a 
duty related to an agency function to the extent necessary to perform 
the function; and
    (b) to a physician to conduct a fitness-for-duty examination of a 
GSA officer or employee.
    14. A record may be disclosed to any official charged with the 
responsibility to conduct qualitative assessment reviews of internal 
safeguards and management procedures employed in investigative 
operations. This disclosure category includes members of the 
President's Council on Integrity and Efficiency and officials and 
administrative staff within their investigative chain of command, as 
well as authorized officials of the Department of Justice and the 
Federal Bureau of Investigation.

Policies and practices for storing, retrieving, reviewing, retaining, 
and disposing of records in the system:

    Storage: Paper records are kept in files and file folders. 
Electronic records are stored on hard drive or CD-ROM.
    Retrievability: Both paper records and electronic records are 
retrievable by name or assignment number.
    Safeguards: Paper records are stored in locked rooms with access 
limited to authorized personnel. Computer based records are available 
only to authorized users with a need to know and are protected by a 
network logon password, user password, and restricted right of access 
to the software, system, file, data element, and report.
    Retention and disposal: Records are disposed of by shredding or 
burning, as scheduled in GSA Handbook, GSA Maintenance and Disposition 
System (OAD P 1820.2A).
    System manager(s) and address: The system of records manager is an 
employee of the Internal Evaluation Staff (JE) of the Office of 
Inspector General, General Services Administration, 1800 F St. NW, 
Washington DC 20405.
    Notification procedure: An individual who wishes to be notified 
whether the system contains a record concerning him or her should 
address a request to the Office of Counsel to Inspector General (JC), 
General Services Administration, Room 5324, 1800 F St. NW, Washington 
DC 20405.
    Records access procedures: An individual seeking access to a record 
should put his or her request in writing and address it to the Office 
of Counsel to the Inspector General (JC), including full name (maiden 
name if appropriate), address, and date and place of birth. General 
inquiries may be made by telephone: (202) 501-1932.
    Contesting record procedures: GSA rules for contesting the content 
of a record or appealing a denial of a request to amend a record are in 
41 CFR Part 105-64.
    Record source categories: The sources are individuals themselves, 
employees, informants, law enforcement agencies, other Government 
agencies, employers, references, co-workers, neighbors, educational 
institutions, and intelligence sources.

Systems exempted from certain provisions of the act:

    In accordance with 5 U.S.C. 552a(j), this system of records is 
exempt from all provisions of the Privacy Act of 1974 with the 
exception of subsections (b); (c)(1) and (2); (e)(4)(A) through (F); 
(e)(6), (7), (9), (10), and (11); and (i) of the Act, to the extent 
that information in the system pertains to the enforcement of criminal 
laws, including police efforts to prevent, control, or reduce crime or 
to apprehend criminals; to the activities of prosecutors, courts, and 
correctional, probation, pardon, or parole authorities; and to (1) 
information compiled for the purpose of identifying individual criminal 
offenders and alleged offenders and consisting only of identifying data 
and notations of arrests, the nature and disposition of criminal 
charges, sentencing, confinement, release, and parole and probation 
status; (2) information compiled for the purpose of a criminal 
investigation, including reports of informants and investigators, that 
is associated with an identifiable individual; or (3) reports of 
enforcement of the criminal laws, from arrest or indictment through 
release from supervision. This system is exempted to maintain the 
efficacy and integrity of the Office of Inspector General's law 
enforcement function.
    In accordance with 5 U.S.C. 552a(k), this system of records is 
exempt from subsections (c)(3); (d); (e)(1); (e)(4) (G), (H), and (I); 
and (f) of the Privacy Act of 1974. The system is exempt:
    a. To the extent that the system consists of investigatory material 
compiled for law enforcement purposes. However, if any individual is 
denied any right, privilege, or benefit for which the individual would 
otherwise be eligible as a result of the maintenance of such material, 
such material shall be provided to such individual, except to the 
extent that the disclosure of such material would reveal the identify 
of a source who furnished information to the Government under an 
express promise that the identity of the source would be held in 
confidence, or, prior to the effective date of the Act, under an 
implied promise that the identity of the source would be held in 
confidence; and
    b. To the extent the system consists of investigatory material 
compiled solely for the purpose of determining suitability, 
eligibility, or qualifications for Federal civilian employment, 
military service, Federal contracts, or access to classified 
information, but only to the extent that the disclosure of such 
material would reveal the identity of a source who furnished 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or, prior to the 
effective date of the Act, under an implied promise that the identity 
of the source would be held in confidence.
    This system has been exempted to maintain the efficacy and 
integrity of lawful investigations conducted pursuant to the Office of 
Inspector General's law enforcement responsibilities and 
responsibilities in the areas of Federal employment, Government 
contracts, and access to security classified information.
[FR Doc. 04-26456 Filed 12-23-04; 10:40 am]
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